interim applications Flashcards
what form is used for interim applications?
form N244
Who should make the witness statement for an interim application?
The witness statement should be made by the person with the best personal knowledge of the relevant points, typically the client or the solicitor if the application is technical
What should the witness statement include?
(a) include the factual information and the evidence in support of the application; and
(b) anticipate the opponent’s case, where appropriate.
Why is it important to provide sufficient detail in the witness statement?
To persuade the court to make the order, as there will be
no oral evidence from witnesses at the hearing.
What should be attached to the witness statement?
Relevant documents should be attached to support the application.
How many days before the court hearing must the application notice be served on the opponent?
3 CLEAR DAYS before the hearing
What does “clear days” mean in terms of service?
Clear days” means excluding the date of service and the date of the hearing, as well as weekends and bank holidays.
What is a consent order?
where parties have reached an agreement on the order they require, they can apply to the court
for an order to be made by consent without the need for attendance at the hearing.
What is the main advantage of a consent order?
promotes the overriding objective to deal with cases JUSTLY and at PROPORTIONATE COSTS => no need for parties to attend trial when consent order submitted.
What is the general rule about notice for applications in court?
The general rule is that applications must be made on notice to the other party, ensuring they are aware and can file evidence in response.
What are the exceptions to the general rule of making applications on notice?
Applications can be made without notice when there is exceptional urgency or when the overriding objective of the CPR is best achieved by doing so.
what is an example of an application made without notice?
freeze the opponent’s financial assets or search their premises, where giving notice would defeat the purpose of the application.
What must the applicant do when making an application without notice?
The applicant must explain why notice was not given
when making an application without notice, what is applicant required to do?
The applicant has a duty of full and frank disclosure = they cannot take advantage of the respondent’s absence at the hearing =
must draw the court’s attention to evidence and arguments they reasonably anticipate the
respondent would make.
What documents must be served on the respondent after an order is made without notice?
(a) the court order,
(b) the application notice,
(c) any supporting evidence.
How can the respondent challenge an order made without notice?
The respondent can apply to set aside or vary the order within 7 days of it being served upon them.
What is the general rule regarding interim applications with a time estimate of one hour or less?
interim applications with a time estimate of one hour or less will be conducted by telephone if at all possible
what happens in a ‘named party’ costs order
The party named in the order is entitled
to their costs of the interim application
whatever other costs orders are made
in the proceedings
What happens if fixed costs do not apply in an interim application?
The court will usually summarily assess the costs and order the losing party to pay them within 14 days.
when would a ‘named party’ costs order apply?
When there is a clear ‘winner’ such as
where the claimant succeeds in their
application for summary judgement or ‘claimants costs’
What happens in an order for “costs in the case”?
No party is named to pay costs at this stage, neither party can recover their costs
when is ‘costs in the case’ applicable?
Applies when the court makes a conditional order e.g., requiring D to file a defence and if they fail to then C can receive costs.